Making a Will

We’re all worried about what will happen to our loved ones when we are gone. Usually, it’s as we get older that thoughts turn to planning for the future when we’re no longer around. However, you can make a will at any time, and update it to take account of changes in your circumstances.

Our wills & executry solicitors are based in Paisley and serve clients in and around the Paisley and Glasgow, including in the nearby towns and villages of Kilbarchan, Houston, Kilmacolm, Bridge of Weir, Beith and Dalry. We also serve clients in Newton Mearns, Giffnock, Clarkston, Dennistoun, East end and as far afield as East Kilbride. We regularly write wills and handle executries for clients across Renfrewshire. If you want to write a will, click here or contact us on 0141 887 5181

Wills & Executry Lawyers Paisley, Renfrewshire & Glasgow, Scotland

We all want to know our loved ones are cared for. Making a will is one of the easiest ways to make sure that your wishes are respected after you are gone, and to provide for those closest to you. A will is the only way to ensure that your assets are divided according to your wishes. If you don’t have in place a valid will, your property is divided according to the laws of intestacy. Rarely, if ever, will this reflect your actual wished.

Not only can you divide your property as you choose be creating and maintaining a will, you can make arrangements for your funeral and what is to happen to your remains. You can also appoint guardians for your children in the event that you pass away before their 16th birthday. This is a cause for worry amongst almost all parents, and having a will in place that deals with childcare provides peace of mind, should the worst happen.

The law on wills and executries in Scotland differs from that in England and Wales. In Scotland, for instance, we speak of ‘confirmation’ rather than probate.

For a will to be valid, it must comply with certain criteria. For one, it must be written. The form of writing is unimportant (it can be typed or handwritten in ink or pencil) so long as it is written down. The natural consequence of this is that any testamentary intention expressed verbally is invalid.

The will must also be signed on each page and at the bottom of the final page by the ‘testator’ (the person making the will) and this must be witnessed by one other person.

It’s also common knowledge that the testator must be of sound mind when making a will. They must be capable of understanding what they are entering into and the ramifications of it. This is another good reason for writing your will as early as possible.

Amending a Will in Scotland

You can add further instructions to a will, alter it or, indeed, revoke it entirely. However, there are certain legal requirements which must be met when doing to in order for the changes to be valid. We therefore recommend getting in touch with us before making any alterations to your will. Whole sections can be added or amendments made using something known as a ‘codicil’. Codicils don’t replace the original will, they simply add to or alter the existing content of it. Codicils are commonly used, for instance, to include family members not born when the will was made or to take account of a change in your personal, family or financial situation.

Mirror & Joint Wills in Scotland

Most couples make wills which reflect the terms of the other, known as ‘mirror wills’. In these type of wills the terms are in reverse, so that what is left to the husband in the wife’s will is left to the wife in the husband’s will. If one partner dies, the other can update their will after their spouse has passed away.

A joint or mutual will, by contrast, binds the surviving partner after the first partner has passed away. These types of will have long-standing ramifications that should be fully understood before they are signed. If you are thinking of entering into a joint or mutual will, it is therefore important that you contact us for advice.

Wills & Executry Solicitors Paisley, Renfrewshire & Glasgow, Scotland

If you need help writing or editing a will, call us on 0141 887 5181 for our Paisley branch or 0141 551 8185 for our Glasgow branch or click here to get in touch. Our wills lawyers are based in Paisley & Glasgow and have helped thousands of clients just like you.